BILL NUMBER: AB 256	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2015
	AMENDED IN ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 9, 2015

   An act to amend Sections 135 and 141 of the Penal Code, relating
to crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 256, as amended, Jones-Sawyer. Falsifying evidence.
   Existing law makes it a misdemeanor for a person to willfully
destroy or conceal any book, paper record, instrument in writing, or
other matter or thing knowing that it is about to be produced in
evidence in a trial, inquiry, or investigation.
   This bill would expand that prohibition to include a digital
 image or   image, or a  video recording
 that is owned by another  , and to prohibit erasure of
those books, papers, records, instruments in writing, digital images,
video  recordings,   recordings that are owned
by others,  or their content.
   Existing law makes it a misdemeanor for a person to, or a felony
for a peace officer to, knowingly, willfully, and intentionally
alter, modify, plant, place, manufacture, conceal, or move any
physical matter, with the specific intent that the action will result
in a person being charged with a  crime or with specific
intent that the physical matter will be wrongfully produced as
genuine or true at trial or any other specified proceedings.
  crime.  
   This bill would clarify that the conduct constituting the offense
is done wrongfully in order to have a person charged with a crime.
 
   Existing law also makes it a misdemeanor for a person to, or a
felony for a peace officer to, knowingly, willfully, and
intentionally alter, modify, plant, place, manufacture, conceal, or
move any physical matter, with the specific intent that the physical
matter will be wrongfully produced as genuine or true at trial or any
other specified proceedings. 
   This bill would expand that prohibition to include any digital
image or video  recording, and would expand the requisite
specific intent to include the intent that the physical matter,
digital image, or video recording will not be available for
production at those proceedings.   recording. The bill
would recast the requisite specific intent for the offense committed
by a peace officer by requiring that the physical matter, digital
image, or video recording be concealed or destroyed, or fraudulently
represented as the original evidence upon a trial, proceeding, or
inquiry. 
   By expanding the definition of crimes, the bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 135 of the Penal Code is amended to read:
   135.  A person who, knowing that any book, paper, record,
instrument in writing, digital image, video  recording,
  recording owned by another,  or other matter or
thing, is about to be produced in evidence upon a trial, inquiry, or
 investigation whatever,   investigation, 
authorized by law, willfully destroys, erases, or conceals the same,
with  the  intent  thereby  to prevent it
or its content from being produced, is guilty of a misdemeanor.
  SEC. 2.  Section 141 of the Penal Code is amended to read:
   141.  (a) Except as provided in subdivision (b), a person who
knowingly, willfully,  and intentionally  
intentionally, and wrongfully  alters, modifies, plants, places,
manufactures, conceals, or moves any physical matter, digital image,
or video recording, with specific intent that the action will result
in a person being charged with a crime or with the specific intent
that the physical matter will be wrongfully produced as genuine or
true upon a trial, proceeding, or  inquiry whatever,
  inquiry,  is guilty of a misdemeanor.
   (b) A peace officer who knowingly, willfully,  and
intentionally   intentionally, and wrongfully 
alters, modifies, plants, places, manufactures, conceals, or moves
any physical matter, digital image, or video recording, with specific
intent that the action will result in a person being charged with a
crime or with the specific intent that the physical matter, digital
image, or video recording will  not be available for
production, or will be wrongfully produced as genuine or true, upon a
trial, proceeding, or inquiry whatever,   be concealed
or destroyed, or fraudulently represented as the original evidence
upon a trial, proceeding, or inquiry,  is guilty of a felony
punishable by two, three, or five years in the state prison.
   (c) This section does not preclude prosecution under both this
section and any other law.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.